Enrolled Bill Summary

            House Bill 2705 amends the Solid Waste Disposal Act to change the site eligibility criteria used by the Texas Natural Resource Conservation Commission to participate in the voluntary cleanup program for the remediation of contaminated property. Under current law, a site or a portion of a site that is subject to a commission permit or order is not eligible for participation in the voluntary cleanup program. The act authorizes such sites to be included in the voluntary program upon dismissal of a permit or order, but stipulates that the administrative penalties paid under the permit or order are nonrefundable.

            House Bill 2705 also adds a new section to establish the eligibility of certain persons for release from liability to the state for cleanup of contamination. An individual who purchased contaminated property before September 1, 1995, is released from liability, upon issuance of a certificate of completion of cleanup, for any contamination that occurred before the purchase date if they were not a responsible party before the purchase date and if another person that is the responsible party performs a voluntary cleanup of the site. The responsible party for prior contamination remains liable for the contamination occurring before the certificate of completion is issued, but is not liable for any contamination occurring afterwards unless they contribute to or cause the release of contamination or change the land use specified in the certificate of completion to a use that may result in increased risks to human health or the environment.

            The act takes effect either on September 1, 1997, or on the date the commission enters into a memorandum of agreement with the United States Environmental Protection Agency authorizing release from liability for certain potentially responsible parties under the voluntary cleanup program.